Canadian Government Seeks Input on FATCA

Between Brockers, Maple Sandboxers and many others, we have already provided an immense amount of input. But, they are asking for “additional comments.” Let’s give it to them! Soon! No deadline is given, but we can’t lose his opportunity.

I have (again!) contacted Canadian Civil Liberties Association and asked them what they will be doing on FATCA. Eight weeks ago, CCLA told me they would advise me “tomorrow” what they might be able to do. They still have not done that.

If anyone else is interested in contacting CCLA, my contact has been Abby Deshman, Director of Pubic Safety. mail address: adeshman@ccla.org Perhaps if Abby hears from others, she will realize how important this is.

69 thoughts on “Canadian Government Seeks Input on FATCA”

Paul Duncan. Fortunately for you, after 46 years, you do NOT have to change a thing. Before you act precipitously, think long and hard, —above all, ask yourself ‘what are they going to do, do they even know I exist, do they care?’

Paul Duncan, I have to echo KalC and Blaze. My gut feel is you don’t have to worry, having been a Canadian for so long. However, I have to admit I have not applied for my CLN as yet, as I’m not ready to test those waters, as I have a bit of complication. But, as Blaze says, many have applied and received their CLN’s successfully.

I highly recommend that you read and research, and then take the time to let it all settle in, before making any decisions. The research may cause some anxiety in the beginning, but I suspect that in the end you’ll feel better for having a clear picture, and it might even be that you determine that you’re confident that you can obtain your CLN.

You say you have been a Canadian citizen almost as long as you have been a resident. That is your most important protection from IRS.

When did you become a Canadian citizen? Was it prior to 1986? That is important from an American perspective, but not from a Canadian one?

Have you done anything to reclaim US citizenship since then–i.e. had an American passport, voted in US election, file U.S> income tax returns.

If not, you are eligible to apply for a backdated Certificate of Loss of Nationality (CLN) at a US Consulate.

If you have not done any of those things that would claim US citizenship, there is no reason why you should not be approved for a CLN.

In terms of protection from IRS, Canada’s Finance Minister has been very clear. CRA does not and will not collect any FBAR penalties for IRS for any Canadian resident. CRA will also not collect any tax liability for IRS for any Canadian citizen if the tax liablity arose at the time the person was a Canadian citizen.

I personally will not go anywhere near a US Consulate to apply for a CLN. The US Consulate told me clearly, firmly and directly in 1973 that I was “permanently and irrevocably” relinqushing US citizenship when I became a Canadian.

Little did I know that in 1986, US Supreme Court ruled that automatic loss of US citizenship was unconstitutional and reinstated my American citizenship without my knowledge or consent.

That is why the 1986 date is important. However, if you became a Canadian citizen at any time up until 20004, you should be able to get a backdated CLN without reporting anything to IRS.

My personal reasons for not going anywhere near a US Consulate is I simply don’t trust them. I would be required to give them my name and address, which they would then pass on to IRS. I am not prepared to do that.

However, many Canadians have done that and received their CLNs with no problem. It’s a matter of what gives you the most peace of mind.

Also, did you become a Canadian citizen before April, 1973? If you did, your citizenship oath required an oath renouncing any other citizenship.

You can get a copy of your citizenship oath from CIC. If you are interested, I can give you a link to how do do that.

You can learn more about relinquish and renounce by reading that thread.

In terms of FATCA, the Canadian government has been negotiating with the US for a possible Intergovernmental Agreemment (IGA) on FATCA. We do not yet know what that agreement will contain.

However, FATCA violates Candian banking, privacy and human rights laws and the Charter of Right and Freedoms.

If the government and the banks violate those rights, many of us are ready to join together to take legal action. I’m still hoping it won’t come to that, but we are prepared if it does.

Or, as Kal C says, “Relax. Do nothing differently. Sleep well.”

That’s probably good advice. Yet, we all are very anxious about this.

For now, I’m going to take Kal’s advice. Log off, relax and sleep well tonight.

The more I read about FATCA, the more anxious I feel about it. There are so many conséquences. Some say that it will be very expensive, perhaps ruinously so, to comply. Others say that it is difficult to find accountant to take on the task. It is difficult to know what to do. Renouncing U.S. citizenship is another track. However, that does not mean that one will lnot owe U.S. tax if found to be liable.
My wife and I and our children have lived in Canada since 1967. It never occured to us that we had to fil a U.S. tax report. Yes, we filed for the part of 1967 that we were living and working in the U.S.
We have never worked again in the U.S. since 1967. We have never lived in the U.S. and have only made short visits to see relatives. Our entire perspective is Canadian. We feel very Canadian and have always paid both profincial and federal taxes in Canada. We have voted in every election since we became citizens; municipal, provincial and federal élections. Now, it seems our children will be suffering the same anxiety as we. They have no U.S. points of reference because they grew up as Canadians.
The U.S. is bullying the entire world with FATCA. Is it just? It is possibly illegal.
What is the Canadian government doing to protect us. After 46 years as a resident of Canada and almost that long as a Citizen, I expect something.

@Pacifica, Outraged and Blaze, thank you for welcoming me here. Excuse my tardy response – fighting a cold and putting in long hours at work this week, then coming home and crashing before 8PM. Thank you also for suggesting where to post my renunciation questions etc.